Joint Committee On Human Rights Minutes of Evidence

Letter from the Chairman to the Minister of State, Home Office, requesting supplementary evidence


  You kindly agreed to let us have notes on a number of points raised during the questioning and, in one case, not reached in the time available. The following is the list of points, referenced to the transcript, a copy of which has been sent to you separately.

1.  New Clauses 9 to 12, and particularly New Clause 12 (power to remand youngsters to secure training centres)

  Article 10(2)(b) and (3) of the International Convenant on Civil and Political Rights, and Article 37(c) of the Convention on the Rights of the Child, require juveniles to be detained separately from adults, and those on remand to be separated from convicted prisoners. The UK has entered reservations to those provisions which effectively prevent them from binding the UK. Does the Government intend to maintain those reservations, and, if so, why? (Q 54)

2.  Disclosure Powers (Clauses 45-48)

  The issue of proportionality in relation to the extensiveness of the list of bodies contained in Schedule 1. (Q 38-40)

3.  Intimate Searches and Samples (Clauses 78 and 79)

  The issue of guidance for inspectors when deciding whether it is impracticable to have an intimate search conducted by a medically qualified person. (Q 41-50)

4.  Restrictions on use and destruction of fingerprints and samples (Clauses 81 and 82, as amended)

  The implications for ECHR Articles 6, 8 and 13 of the retrospective operation of Clauses 81 and 82, as amended by Government amendments in Standing Committee. (Q 51-52)

5.  Harassment of people's homes (New Clause 6)

  The certainty of the criteria for the exercise of the proposed new police powers and related offences of harassment etc. (Q 53)

8 March 2001

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